MOH To Proceed With Enforcing Act 852 Despite Pushback From Vape Industry Players
The Smoking Products Control for Public Health Act 2024, which includes regulations on vape, is set to be enforced starting 1 October.
The Health Ministry (MOH) said that the Smoking Products Control for Public Health Act 2024 (Act 852) will come into effect on 1 October.
The long-delayed legislation will regulate the registration, sale, packaging, labelling, and advertising of smoking products, as well as ban smoking in public areas.
The Act, which was gazetted in February, had initially been slated for enforcement in June. However, its implementation was postponed first to August, and then again to October.
Earlier, Health Minister Datuk Seri Dr Dzulkefly Ahmad explained that the gazetting of Act 852 was part of the ministry's efforts to curb the use of tobacco products and reduce harm caused by smoking and other tobacco products, including electronic cigarettes or vape, reported Berita Harian.
The announcement comes as vape industry players push back, urging the government to pause and review some of the new regulations, warning that these rules could seriously hurt the industry financially
Some of the measures that the vape industry is unhappy with include the banning of vape product displays at shop counters, a limit on the volume of e-liquids, and prohibitions on smoking in public areas.
Dr Dzulkefly said the Global Adult Tobacco Survey Malaysia 2023 highlighted a sharp increase in the use of vapes, particularly among adults under 50, which he described as alarming and requiring urgent action.
However, representatives from the vape industry argue that the new rules have been implemented without proper consultation or sufficient preparation time, reported Malay Mail.
Malaysia Retail Electronic Cigarette Association (MRECA) president Datuk Adzwan Manas raised concerns about the enforcement, claiming that industry players were not given enough time to adapt to the changes.
Key among the vape industry's concerns are new limits on the volume of vape liquids, with the Act capping the volume of disposable pods and cartridges at 3ml, and bottles at 15ml
Currently, most e-liquids are sold in bottles ranging from 30ml to 60ml, and industry players are advocating for a gradual reduction in the volume over time, rather than the drastic cut imposed by the new law.
"No country has ever enforced such stringent rules for vape products. We agree to a gradual reduction every two years instead of drastically reducing it to 15ml," said Adzwan.
However, Adzwan's statement is misleading, as vaping is illegal in Singapore, where simply purchasing, using, or owning an electronic vapouriser can result in fines of up to SGD2,000 (RM6,500) per offence.
However, the Health Minister assured Malaysians that regardless of the pushback from vape industry players, Act 852 will be enforced
In July, a mall in Kuala Lumpur was forced to remove a vape vending machine that was set up on its premises after it received backlash:
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